Pawan Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31877 of 2023 Arising Out of PS. Case No.-40 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== Pawan Kumar Gupta Son Of Late Krishna Kumar Gupta Resident Of Mohalla Kathalbari, Post Office Road, Ps. University, Distt. Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Masoom Alam, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2023 Learned counsel for the petitioner, at the outset, seeks permission to make rectification in the prayer portion of the anticipatory bail application.

Permission is accorded.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of one litre of liquor from one Raj Kumar Sahani and six litres of liquor from the front room of the building of the

Patna High Court CR. MISC. No.31877 of 2023(2) dt.23-05-2023 2/3 petitioner.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, even the alleged recovery is from a building which is owned jointly and as such it cannot be alleged with certainty that it was the petitioner who had kept the liquor in the house or the liquor kept in the house was within his knowledge. It is further submitted that no prudent person would use his own premises for committing an occurrence and thus would create evidence against himself and hence would get implicated easily when admittedly petitioner is a person with clean antecedent.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Excise Case No. 40

Patna High Court CR. MISC. No.31877 of 2023(2) dt.23-05-2023 3/3 of 2016 arising out of P.R. Case No. 18 of 2016 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T